Appeal No. 97-2555Application No. 08/215,062 Page 10
Claims 87, 91 to 93 and 97
We do not sustain the rejection of claims 87, 91 and 97
under 35 U.S.C. § 102(a, b and e). Likewise, we do not sustain
the rejection of claims 92 and 93 under 35 U.S.C. § 103.
Claim 87 and its dependent claims (i.e., claims 91 to 93 and
97) require that at least one of the body means and rim means
includes a substance released during use of the collector.
The examiner believes that this limitation "reads on" the
spermicidal preparation that can be applied to Davis' cover C
(answer, p. 8).
We agree with the appellants (brief, p. 17) that the
spermicidal preparation of Davis is not "released" during use.
Accordingly, this limitation does not "read on" the spermicidal
preparation applied to Davis' cover C. Thus, in our view, all
the limitations of claims 87, 91 to 93 and 97 are not taught or
suggested by Davis. Accordingly, the examiner's rejections
thereof are reversed.
CONCLUSION
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